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October 16, 1997

Government Out Of Control

"Heads Up" Newsletter

Below are extracts from a newsletter that I've found informative. For those interested in such topics as:

-- ceding control of US territory to foreign-made laws

-- scams behind the investigations into the current Administration

-- government as the greatest violator of the Constitution

You might like to try: "Heads Up: A Weekly Edition of News from Around Our Country" by Doug Fiedor:

Mail at: fiedor19@eos.net

Previous Editions at: http//www.uhuh.com/reports/headsup/list-hu.htm


Sample extracts from "Heads Up," 15th August, 1997:

Disarm Regulators

Where once, regulators came in dressed in normal business attire, now they bring a "team" wearing bullet proof vests and brandishing military- style guns.

Reports are that a FEMA team "raided" a county flood management office recently, vested and guns at the ready. They even brought along a search warrant. Except that the only thing on the warrant was the judges signature and the word "sealed." They confiscated box-loads of public documents -- documents that were always available for anyone in the world to walk in and read. And, of course, they terrified the staff working the office in the process.

Same with the EPA. Nowadays, if they visit a business suspected of spilling hazardous materials, they often bring along a SWAT team and act like they're going after a gang of armed bank robbers. Just a few years ago, that type of thing was handled by one man carrying nothing more ominous than a notebook.

IRS used a SWAT team to "take over" a day care center, kids and all. FDA brought along a SWAT team to "raid" a vitamin store. The BLM brought an armed posse to confront two hunters. Fish and Wildlife delivered a SWAT team by armed military choppers. Yet, in none of these cases was any wrongdoing ever proven.

The problem is, neither was any of these agencies punished for use of excessive force (or stupidity!). Clearly, these people are out of control.

Resist Federal Snooping

Lawyers, so they would have us believe, are the legal word merchants of the United States. So it is with great interest when we notice that the rooms full of lawyers working in the White House, Department of Justice and FBI all seem to be having a definite problem understanding some of the simplest words in the English language: "Shall Not."

For instance, the Fourth Amendment to the United States Constitution clearly states that: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Notice the words "shall not be violated"?

Recently, the Supreme Court said that in all but a very few circumstances, officers serving a search warrant must knock, announce their reason for being there and wait to be let in. No "dynamic entries" are allowed unless the police are going after known killers, or some such demonstrably dangerous perpetrators.

American citizens are to be informed of what is to be searched, and what police are looking for, BEFORE the search begins. Police are to show the person to be searched the warrant, and allow them to read it, before the search takes place.

The right to be secure against government intrusion in your "persons, houses, papers, and effects" would also include a ban against pat-downs on the street; looking through medical and financial records; reading of mail; recording private conversations; reading computer e-mail; and listening to telephone conversations.

Police may stop you and ask questions. But a free citizen need not answer if they do not wish. And, unless the officer indicates that you are being detained, a free citizen may leave the presence of the officer at any time. In other words, except during the performance of a criminal investigation (and civil citations), or in an emergency, a police officer has no special powers over and above any other citizen.

Yet, the Department of Justice and the FBI cannot understand "shall not." Rather, they have plans to monitor thousands of American citizen's telephone calls simultaneously. They are also gearing up to monitor many American citizen's e-mail every day. And, all this, they hope, without the necessity of a court approved search warrant.

The Fourth Amendment words "shall not," of course, bar these federal government activities. But, federal law enforcement does not seem to feel that the Constitution applies to their functions.

 
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